How to settle labour dispute

Myanmar’s Workers Social Security Benefits

The social security benefits of Myanmar’s Workers are provided in the Social Security Act, 1954.

According to this Act, employers with more than five workers have the obligation to insure his employees and the employees also have a responsibility to contribute depending on the employee’s salary.

The social security benefit of the worker are:

(1) Free Medical Care – sickness, maternity and employment injury,

(2) Cash Benefits         -  sickness cash benefit, maternity cash benefit and funeral grant

(3) Employment Injury Benefit – Temporary Disability Benefits, Permanent Disability Benefits and Survivors Pension.

There are detail benefits such as how much cash benefit for sickness cash benefit.

But the Social Security Act(1954) is out of date, its benefits do not match with modern time and it does not have the enforcement power. So,……………..

However, Hluttaw try to establish New Social Security Act, now. When it establish, I will try to share the knowledge about it.

Oh, don’t forget that “if you have any question, feel free to contact me.”                     

The Essential Elements of A Labour Contract

             A labour contract  is just a kind of contract. Therefore, it include the parties, the consideration, the agreements and so on. However, it need to subject the labour laws. So, the rules of the labour law are also involved.

           

            Thus, it looks like a conflict process. But it not difficult.

           

            In Summary, the following elements are essential for a labour contract.

1. Working hour

2. Holidays

3. Leave with full pay

4. Overtime

5. Payment of wages

6. Deductions

7. Social Security Benefits

8. Termination of Employment

9. Compensation for Termination of Service by Employer

10. Penalties (Employer's Rights)

11. Confidentiality

12. Other Condition

            But also don't forget both parties name and the relevant facts and the sign of witness.

            The detail features of the essential elements can be studied in the outline of factory workers rights and shop workers rights in this blog.

            If you have any question, feel free to contact me.

How to get benefits for a boss from filling the rights of the workers in accordance with the laws ( From Point of View of boss).

            In the Factory Act, the working hours and working days for the workers are already established. In summary, the working hours is 8 hours per day or 44 hours per week and working days may be up to 6 days and 26 days for public holidays.

           

            Do you know why these days and hours are established?

            According to these days and hours, workers can get satisfaction and full rest. If the workers get satisfaction, the factory will more efficient and effective.

            Under the Factory Act, the worker can get overtime pay. It's pay is twice, the normal pay rate. In this fact, the worker will want to work more with happy hours. Then the result will pay great profit for the boss.

            According to the Factory Act, the provisions for health are also involved. It is about cleanliness, disposal of wastes and effluence, ventilation and equable temperature, dust and fume, artificial humidification, overcrowding, lighting artificial, drinking water, latrines and Urinals, safety measures, washing facilities for sitting, first and appliances, rest sheds, rest rooms and lunch rooms.

            So, the worker will fine happy hours and satisfaction in his working environment. Then, the boss will entitle benefits by getting better result.

            How do you think about that? Do you want to fulfill the rights of the worker for your own benefit?

            Thank you for reading. If you have any question, feel free to contact me.

An Outline on the rights of the shop-worker

            All of the shop, restaurant and private and public commercial established worker included in the shop-worker.

            The rights of the shop worker are explained in Shop and Establishment Act, 1951.

Weekly Holidays

            The shop-workers shall be allowed a holiday once a week and no deduction shall be made from the wages in general.

            There are some important exceptions.

Hour of Work

            No person shall work 8 hours a day and 48 hours a week.

Over Time

            Over-time is permissible. It's pay is twice, the normal pay rate. But over-time shall not exceed 60 hours per year.

Leave and holidays

            The workers can entitle the following leave;

(1)        Causal leaves - 6 days

(2)        Medical leaves - 30 days

(3)        Earned leaves - 10 days

             But there are some requirements to entitle the leaves.

             The workers can entitle 26 days for public holidays.

             Above the facts are the summary of the rights of the shop-workers.

             If you want to know detail, you can mail some questions to me, communicator009@gmail.com.

Legal view on Minimum Wages

           Today, most hear is about the salary. Some people dispute about the low rate salary. And I also heard that some attorney are say " Minimum Wages Law is required". But I want to ask them about that " Do you know that minimum wages law is already exist in Myanmar?". But it only need to amend it.
            To discuss about the minimum wages, first it need to understand " The Minimum Wages Law". In Myanmar, it was established in 1949. So, it need to amend.
            However, most of the minimum wages law in global are only included about how to build a committee for Minimum Wages, the rights and duties of the commitee.
            To establish the rate of minimum wages, it only need " THE ORDER". This order will establish the amount of minimum wages for all field of worker.
            So, don't much think about the minimum wages law.
           
            SOME RIGHTS ARE EXISTED ABOUT SALARY.

            ABOVE THE FACTS ARE NOT DETAIL AND IT JUST ONLY A KNOWLEDGE.

            IF YOU WANT TO KNOW ABOUT THE SALARY RIGHTS, WRITE THE QUESTIONS WHAT YOU WANT TO KNOW AND MAIL ME TO COMMUNICATOR009@GMAIL.COM

An outline of factory workers rights in Myanmar

                 In Myanmar, the law relating to factory workers is Factories Act 1951. It provides requirements concerning with working hours, working days, overtime, and certain health and safety measures. The following is a summary but not detail. Detail may be some different.

Working Hours

                Normal working hour is 8 hours a day and 44 hours/ 40 hours/ 48 hours a week. A worker is entitled to minimum thirty minute rest period after working continuously for five hours.

Working Days

                Working days may be up to six days a week.

Overtime

                Overtime is permissible. It pay is twice the normal pay rate. And other rights can also get.

Safety, Health

                The employer has an obligation to protect workers from occupational hazards relating to the physical facilities, harmful substances, and environment factors at the workplace.

                The employer has other obligations, depending on the number of workers employed.

                The workers can also get other rights in accordance with Leave and Holidays Act, 1951, Social Security Act, 1954 and the Worker's Compensation Act, 1923.

                For example,

                1.             How many leaves with salary can get for a male or female worker?

                2.             How many holidays can get for a worker?

                3.             How much compensations can get for a worker?

               

                In this factory worker field, Oilfield workers and Mine workers are also involved. There are also other rights for them and it may be a little different with other field of factory workers.

If you want to know detail facts, contact me in communicator009@gmail.com.

               

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